Index to Periodicals Legal Cause. See Torts. Legal Education. "The Law and its Study." By Col. William Hoynes. 21 Yale Law Journal 278 (Feb.). "What with reports, text-books, statutes, cyclopedias, digests and publications of various kinds, it takes a fair income to keep an office sup plied with them. Even now but comparatively lew lawyers can afford to take them all. ... It is not the statement of such principles that fills and multiplies the books, but the publication of multitudinous cases, a large percentage of them cumulative or dealing with similar and al most indistinguishable facts. . . . The most obvious and feasible plan of meeting the difficulty is to turn submissively to the study and applica tion of the fundamental principles to matters in litigation." "University of Jurisprudence." By Sylvanus Morris. 21 Yale Law Journal 205 (Jan.). "The time has not arrived, when a school of pure jurisprudence, for the academic, philosophi cal study of the science for learning's sake can be maintained. But the time is ripe for the establishment of such a school to meet needs now existent in our country. The advantages of a training in such a school to judges and practi tioners are apparent and need not be discussed." Legal History. "History of International Law Since the Peace of Westphalia." By Amos S. Hershey. 6 American Journal of International Law 30 (Jan.). A rapid survey which is of marked value as a succinct historical summary of the progress of international law down to the present time. "The Inns of Chancery; their Origin and Con stitution." By Hugh H. L. Bellot, D. C. L. 37 Law Magazine & Review 189 (Feb.). "When we remember that in the reign of Henry VI they numbered, according to Fortescue no less than ten, and that a century or more separated the later foundations from the earlier, a common origin appears improbable." Marriage and Divorce. "Marriage with Foreigners." By W. R. B. Briscoe. 37 Law Magazine & Review 129 (Feb.). A general international agreement is advocated as preliminary to needed regulations which have not yet been made under the English Marriage with Foreigners Act of 1906. Master and Servant. See Workmen's Com pensation. Missionaries. "The Government of the United States and American Foreign Mission aries." By James Brown Scott. 6 American Journal of International Law 70 (Jan.). "The policy of the United States is to regard the missionary as a citizen, and in the absence of specific treaties granting exceptional rights and privileges, to extend to him the protection ordi
201
narily accorded to American citizens in foreign parts; to advance missionary enterprise in so far as it does not raise political questions and interfere with the orderly and constitutional development of the country in which the mis sion is located," etc. Monopolies. "Restraints on Trade, I." By Roland R. Foulke. 12 Columbia Law Review 97 (Feb.). An exceedingly able and valuable analysis of the law of restraints of trade is here set forth. The writer expresses with a precision of logic and an impartiality of view not found elsewhere, distinctions which must harmonize with the half-formed impressions of practical business men, and, while his discussion deals primarily with legal rather than with economic principles, the treatment of these legal principles, those for example of the rights of free competition and of free contract, is marked by the sound econo mic basis on which it rests. Of monopoly, for example, he says: — "We come now to the case of a monopoly brought about by the efforts of the person en joying the monopoly, and right here we must rid our minds of the notion that monopoly is a hate ful thing and remember that, on the contrary, it is generally sought for by all merchants. Each buyer and seller is anxious to do all the buying and selling, as the case may be, in his line, and makes more or less effort, according to the cir cumstances of the case, to achieve that end. Monopoly, therefore, is a trader's heaven, the goal of every merchant. A monopoly, therefore, may arise by individual effort, as where a man, by superior business ability, succeeds in attract ing all the trade to himself, that is, by successful competition. He may accomplish the end de sired and achieve the monopoly by driving all others out of business. This competition may be within the limits allowed by law or may be what is termed unfair competition. Where the competition is fair, the monopolist may be said to have succeeded by the exercise of superior business ability. Now, since the principle of freedom of action and freedom of contract pre sents an avenue through which superior business ability will tend to drive out competition in any given line and obtain sole control over the mar ket and thus bring about a monopoly, and since the desire for profit will incite efforts toward that end, it follows that the law by the very principle of freedom of contract relied on as condemning restraints on trade, encourages the bringing about of a state of monopoly profitable to the seller or buyer possessing it, but oppressive to the sellers or buyers who were deprived of their freedom of contract. This successful com petition or business ability may be exercised by an individual or by a number of individuals acting together, and we shall find that the law makes a distinction between the two. The latter case will be discussed under the heading of com bination. "Where the monopoly was brought about by unfair competition, the common law afforded a remedy to the competitors inj ured by the methods of unfair competition, but a remedy which de-
